Beyond Bending Tell You How
When a person dies without a will, it is called intestate succession. Intestate succession is a legal process that determines who gets the deceased person’s property. The laws of intestate succession vary from state to state, and in Michigan, the laws are very specific. This blog post will explain the transfer of property after death without a will in Michigan.
Understanding Intestate Succession in Michigan
When a person dies without a will in Michigan, the laws of intestate succession dictate how their property will be distributed. The distribution of the property is based on the family relationships of the deceased person. The law in Michigan states that the surviving spouse is entitled to a share of the property. If there is no surviving spouse, then the property will be distributed to the deceased person’s children. If there are no children, then the property will be distributed to the deceased person’s parents. If there are no parents, then the property will be distributed to the deceased person’s siblings. If there are no siblings, then the property will be distributed to the deceased person’s grandparents. The law goes on to state that if there are no surviving relatives, then the property will be distributed to the state of Michigan.
Surviving Spouse
In Michigan, the surviving spouse is entitled to a share of the property, even if the deceased person had children from a previous relationship. The share of the property that the surviving spouse is entitled to depends on whether the deceased person had any children. If the deceased person had no children, then the surviving spouse is entitled to the entire estate. If the deceased person had children, then the surviving spouse is entitled to the first $150,000 of the estate, plus half of the remaining estate. The other half of the remaining estate goes to the deceased person’s children.
Children
If the deceased person had children, then they will receive a share of the estate. The share of the estate that the children receive depends on whether the surviving spouse is still alive. If the surviving spouse is still alive, then the children will receive half of the remaining estate after the surviving spouse receives their share. If the surviving spouse is not alive, then the children will receive the entire estate.
Parents
If the deceased person had no surviving spouse or children, then the property will be distributed to the deceased person’s parents. If one of the deceased person’s parents is not alive, then the property will be distributed to the surviving parent. If neither parent is alive, then the property will be distributed to the deceased person’s siblings.
Siblings
If the deceased person had no surviving spouse, children, or parents, then the property will be distributed to the deceased person’s siblings. If one of the siblings is not alive, then their share of the property will be distributed to their children.
Grandparents
If the deceased person had no surviving spouse, children, parents, or siblings, then the property will be distributed to the deceased person’s grandparents. If one of the grandparents is not alive, then their share of the property will be distributed to their children.
Other Considerations
There are a few other things to consider when it comes to the transfer of property after death without a will in Michigan. First, if the deceased person owned property jointly with someone else, then the property will automatically pass to the surviving joint owner. Second, if the deceased person had a life insurance policy or retirement account with a named beneficiary, then the proceeds from those accounts will go directly to the named beneficiary, regardless of what the will says. Third, if the deceased person had any debts, those debts will be paid off before any property is distributed.
Probate Court
When a person dies without a will, their estate must go through probate court. Probate court is the legal process of transferring the deceased person’s assets to their heirs. The purpose of probate court is to ensure that the deceased person’s property is distributed according to the law. The probate court will appoint an administrator to handle the estate. The administrator is responsible for paying off any debts and distributing the property according to the law.
Challenging Intestate Succession
If a family member believes that they are entitled to a larger share of the estate than what they were awarded under the laws of intestate succession, they may challenge the distribution in probate court. To challenge the distribution, the family member must prove that they have a legal right to a larger share of the estate. This can be a complicated process, and it is best to consult with an attorney if you are considering challenging the distribution.
Conclusion
In Michigan, the laws of intestate succession determine how a person’s property is distributed if they die without a will. The distribution of the property is based on the family relationships of the deceased person. The surviving spouse is entitled to a share of the property, even if the deceased person had children from a previous relationship. If there is no surviving spouse, then the property will be distributed to the deceased person’s children, parents, siblings, or grandparents, depending on who is still alive. If there are no surviving relatives, then the property will be distributed to the state of Michigan. If you are concerned about how your property will be distributed after your death, it is important to create a will or trust. An attorney can help you create a plan that meets your needs and ensures that your property goes to the people you want it to go to.
